Signed JOTFOC Sole Source. Judicial Elevator Modernization Redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Judicial Elevator Modernization and Service Elevator Modernization

Bob Casey Federal Courthouse Houston, TX PBS, Region 7, Acquisition Management Division

7PQC

1. DESCRIPTION OF THE ACTION BEING APPROVED

The proposed action is a Sole Source procurement with a performance period of 240 calendar days for the Modernization of the Judicial and Service Elevators at the Bob Casey Federal Courthouse. It is anticipated that a contract will be awarded to Elevator Repair Services, Inc. The rationale for this action is detailed in the paragraphs below.

2. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED

The purpose of this contract is to modernize the existing Judicial Elevator, with an option to modernize the service elevator at Bob Casey Federal Courthouse as per the attached ‘Specifications Judicial Elevator No. 9, Section 14230, and Specifications Service Elevator No. 10’.

The estimated value of this procurement is $ . The optional Service elevator is also $ for a total of $ .

3. IDENTIFICATION OF STATUTORY AUTHORITY

Citation: 41 U.S.C. 3304(a)(1). FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

4. DEMONSTRATION THAT THE ACQUISITION REQUIRES THE USE OF THE

AUTHORITY CITED

FAR 6.302-1 allows for the use of other than full and open competition when required supplies are available from only one source.

Elevator Repair Service (ERS) is currently under two (2) contracts. One is to perform routine maintenance functions at the same building as the proposed project and the second is the modernization of the eight (8) passenger elevators in the Houston Bob Casey Federal Courthouse. The current contract completion date for the modernization of the eight (8) passenger elevators is April 22, 2022.

Due to the obsolete and degraded conditions of the Judicial and Service Elevators, it is now necessary to modernize them to ensure the safety of the riders and reduce the risk of liability to GSA.

DocuSign Envelope ID: B9B614B9-FD2C-477A-808F-D4A0615E7769DocuSign Envelope ID: 70E06F3D-F674-459C-85B3-997F60FA3A9A

Bob Casey Federal Courthouse Houston, TX PBS, Region 7, Acquisition Management Division

7PQC

It is necessary that the Modernization of the Judicial and Service Elevators be solicited as a sole source to ERS based on the following:

a. As stated previously, ERS is currently performing the ongoing maintenance functions as well as the elevator modernizations for the eight passenger elevators. All of the elevators in the building operate on an interconnected system. The modernizations of the Judicial and Service elevators must be coordinated with the ongoing modernization contract for the passenger elevations to ensure the elevator system as a whole is functioning correctly and for the project to be successful. This continuity would be lost by adding an additional set of contractor personnel. Because the system is interconnected, having a separate contractor conduct the modernization on the Judicial and Service Elevators could also negatively impact the current modernization effort for the passenger elevators.

Additionally, the inclusion of any other contractor besides ERS would cause costly delays and duplication of costs to a project that has already been affected by the Contract Administration/ Building Management guidance due to COVID-19. Selecting any other contractor will result in a significant duplication of costs in the amount of $22,200.00, which includes an estimated fees of $7,200 for security clearance and $15,000 in spare parts and material.

b. It would also be in the best interest of the government to have only one contractor responsible for all the repairs and modernizations in the Federal Courthouse to avoid conflicts in regards to maintenance and warranty requirements.

5. EFFORTS TO SOLICIT TO AS MANY SOURCES AS PRACTICABLE

Since this is a justification for a sole source procurement and the intent is to purchase from the only one firm, other sources will not be solicited.

6. DETERMINATION THAT THE ANTICIPATED COST WILL BE FAIR AND

REASONABLE

A comparative analysis of the contractor’s proposed price will be compared to the Independent Government Estimate. Pricing for the current elevator modernization project is also available for comparison. Additionally, negotiations will be conducted (if required) to achieve the goal of fair and reasonable

DocuSign Envelope ID: B9B614B9-FD2C-477A-808F-D4A0615E7769DocuSign Envelope ID: 70E06F3D-F674-459C-85B3-997F60FA3A9A

Bob Casey Federal Courthouse Houston, TX PBS, Region 7, Acquisition Management Division costs/pricing. A written price analysis will be included in the file.

7. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED

N/A

8. OTHER FACTS SUPPORTING THE USE OF THE OTHER THAN FULL AND

OPEN COMPETITION

None.

9. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION

The following firm is being sought for this procurement:

Elevator Repair Service, Inc.

4250 N. Sam Houston Pkwy E Houston, TX 77032

DUNS: 058526997

10.STATEMENTS OF ACTION TO OVERCOME BARRIERS TO COMPETITION

N/A

11.CONTRACTING OFFICER CERTIFICATION

The contracting officer has determined that the actions taken under this acquisition meet the conditions described in FAR 6.302-1 and the source specified precludes full and open competition. It is in the best interest of the Government to procure the services described above from Elevator Repair Services, Inc.

The information contained in the justification for other than full and open competition is accurate and complete to the best of the Contracting Officer’s knowledge.

Stephan Harris Dianna Henderson Contracting Officer (7PQC) Branch Chief (7PQC)

DocuSign Envelope ID: B9B614B9-FD2C-477A-808F-D4A0615E7769

8/25/2020 /25/2020

DocuSign Envelope ID: 70E06F3D-F674-459C-85B3-997F60FA3A9A

Bob Casey Federal Courthouse Houston, TX PBS, Region 7, Acquisition Management Division

Carolyn Smith Charlie Hart Director, Acquisition Management Competition Advocate

Division (7PQ)

Erin Hufstetler Assistant Regional Legal Counsel

DocuSign Envelope ID: B9B614B9-FD2C-477A-808F-D4A0615E7769

8/25/2020

8/25/2020

DocuSign Envelope ID: 70E06F3D-F674-459C-85B3-997F60FA3A9A

8/25/2020